Can you be released on bail if you turn yourself in for illegal sand mining, and what is the crime o

Illegal sand mining is suspected of illegal mining. The penalty criteria are:

1. Generally, the court will not only sentence less than three years of fixed-term imprisonment, criminal detention or public surveillance, but also be fined by the court;

2. If the mining license is not obtained, it will lead to serious damage to mineral resources, and the criminal suspect will usually be sentenced not only to three years but not more than seven years in prison by the court, but also to be fined.

Criteria for filing a case for illegal dredging:

1. Violating the provisions of the Mineral Resources Law and mining without obtaining a mining license;

2. Entering the national planning mining area, the mining area of great value to the national economy and the mining area of others without authorization;

3. Unauthorized exploitation of specific minerals for protective mining as prescribed by the state, refusal to stop mining after being ordered to stop mining, causing damage to mineral resources with a value of more than 50,000 to 100,000 yuan. The crime of illegal mining refers to the conduct of a natural person or unit that violates the provisions of the Mineral Resources Law and the circumstances are serious.

Legal basis: Article 343 of the Criminal Law of the People's Republic of China.

Illegal Mining] Violating the provisions of the Mineral Resources Law by mining without obtaining a mining license, entering a mining area planned by the state, mining areas of great value to the national economy, or mining areas of others without authorization, or mining specific minerals that the state provides for protective mining, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Crime of destructive mining] Whoever, in violation of the provisions of the Mineral Resources Law, adopts destructive mining methods to exploit mineral resources, causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined.

Illegal sand mining may constitute an offence of illegal mining or destructive mining.

Article 25 of the Regulations of the People's Republic of China on River Management: The following activities within the scope of river management must be approved by the competent authority of the river; If other departments are involved, it shall be approved by the competent authority of the river in conjunction with the relevant departments

1) Sand mining, soil extraction, gold panning, disposal of sand and gravel or silt;

2) blasting, drilling, and digging fish ponds;

3) Storing materials, building factories or other construction facilities on river tidal grounds;

4) Mining of underground resources and archaeological excavations in river flats.

Article 343 of the Criminal Law: [Illegal Mining; Crime of destructive mining] Violating the provisions of the Mineral Resources Law by mining without obtaining a mining license, entering a state-planned mining area, a mining area of great value to the national economy, or mining within the scope of another person's mining area without authorization, or mining specific minerals that the state provides for protective mining, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Whoever violates the provisions of the Mineral Resources Law by employing destructive mining methods to exploit mineral resources, causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined.

Unauthorized excavation of river sand may be punished with warnings, fines, and confiscation of illegal gains, depending on the situation, and the crime of illegal mining or destructive mining will be constituted.

1.For the purpose of illegal possession, the perpetrator illegally quarried sand and gravel on the construction land that had been lawfully expropriated by others, or on the agricultural land contracted or leased by others, and the amount was relatively large. Article 264 of the Criminal Law stipulates that the crime of theft refers to the act of secretly stealing other people's property for a relatively large amount.

The establishment of the crime of theft must have the characteristics of both subjective and objective aspects, that is, objective secrecy and subjective purpose of illegal possession. Objectively, the perpetrator secretly stole a large amount of public or private property or committed multiple thefts. Subjectively, the perpetrator must have the criminal purpose of intentionally and illegally taking possession of other people's property.

Criminal purpose refers to the psychology of the perpetrator in the intentional crime to further pursue some illegal benefit after realizing the direct harmful result of the act." [3] Although China's Criminal Code does not explicitly stipulate that illegal possession is the criminal purpose of theft, the judicial interpretation of the Supreme Court has made special provisions for this purpose, and as a result, the above acts of the perpetrator have also brought significant economic losses to the land usufruct holder. Therefore, such an act of the perpetrator meets the subjective and objective characteristics of the crime of theft.

2.The perpetrator illegally quarries sand and gravel on national or collective land where the perpetrator does not enjoy usufructuary rights, and the amount is relatively large. This behavior has the following characteristics:

1) Lack of authority. That is, the actor does not have the usufructuary right to the excavated sand and gravel lot, and if the actor enjoys the right to use the land or other rights and illegally excavates the sand and gravel, he should be punished for other crimes. (2) Secrecy.

It should be noted that this kind of secrecy is relative to the state and the collective, and it is possible that the perpetrator blatantly excavates sand and gravel, and the surrounding people also know about it, but no one reports it, and the relevant departments have not discovered it, and this situation also meets the element of secrecy of the crime of theft. (3) Social harm. Specifically, in the case of illegal sand and gravel mining, social harm refers to the fact that the perpetrator's illegal mining behavior not only caused the destruction of other people's agricultural land or construction land, but also caused the loss of the property of the user right holder, which meets the standard for conviction and punishment for the crime of theft.

It is impossible to get away with it completely. You have to spend a little bit. It's better to be private and save money. You get the idea.

According to the experience of judicial practice, at present, China's judicial organs are punished for illegal sand mining as the crime of illegal mining.

Whoever violates the provisions of the "Mineral Resources Law" by mining without permission, or entering a mining area planned by the state, a mining area of great value to the national economy or the mining area of others, or mining a specific type of protective minerals, shall be sentenced to fixed-term imprisonment of not more than three years and criminal detention if the circumstances are serious. where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Article 44 of the Regulations of the People's Republic of China on the Administration of Rivers, in violation of the provisions of these Regulations, any of the following acts, the local people's ** river authority at or above the county level may impose warnings, fines, and confiscation of illegal gains in addition to ordering it to correct the illegal acts and take remedial measures; The relevant responsible personnel shall be given administrative sanctions by their units or the competent authorities at a higher level; If a crime is constituted, criminal responsibility shall be pursued in accordance with law: (1) discarding or stacking objects that obstruct flood flow within the scope of river management; planting trees or tall plants that obstruct the flow of floodwater; construction of embankments, water-blocking channels, or water-blocking roads; (2) Building houses, grazing, digging ditches, digging wells, digging cellars, burying graves, drying grain, storing materials, mining underground resources, conducting archaeological excavations, and carrying out bazaar activities on embankments and berms; (5) Storing materials, building factories or other construction facilities in river tidal areas without approval, as well as mining underground resources or conducting archaeological excavations; (8) Violating the regulations or instructions of the flood control headquarters during the flood season. ”

Article 24 of the Regulations on the Management of River Sand Mining in Guangdong Province violates the provisions of these Regulations, and commits any of the following acts, the people's water administrative departments at or above the county level shall order them to stop the illegal acts, temporarily seize the illegal sand mining tools, confiscate the illegal gains, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; if the circumstances are serious, confiscate the tools for illegal sand mining, revoke the river sand mining permit, and impose a fine of not less than 100,000 yuan but not more than 300,000 yuan; where a crime is constituted, criminal responsibility is pursued in accordance with law

1) Sand mining without a river sand mining permit;

2) Sand mining in a no-mining area, a temporary no-mining area, or a no-mining period;

3) Causing damage to water projects, changes in river levels, and serious damage to the water ecological environment.

Violation of the provisions of item (3) of the preceding paragraph, in addition to punishment in accordance with the provisions of the preceding paragraph, by the people's water administrative departments at or above the county level shall order it to restore the original state within a time limit or take other remedial measures. If the river sand miner refuses to perform, the people's water administrative department at or above the county level shall restore the original state or take other remedial measures on behalf of the river sand miner, and the cost shall be borne by the river sand miner.

Legal river sand quarries must obtain a "river sand mining permit" issued by the water conservancy department, which specifies in detail the construction site of the sand quarry, the length, width and depth of the sand extraction point, and a map of the sand mining point. Before approving the "river sand mining permit", the water conservancy department should conduct a detailed survey of the sand mining site submitted for approval, and finally determine the legal sand extraction point to operate on the sandbags and other terrain in the river, which can eliminate the unfavorable topography in the river and help to dredge the river and discharge floods. However, due to the great arbitrariness of the act of sand extraction, illegal sand mining sites dig pits and holes in the river regardless of location, which will affect the normal flood discharge of the river.

Article 68 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (1) stipulates that a person who violates the provisions of the Mineral Resources Law by mining without obtaining a mining license, or enters a mining area planned by the state, a mining area of great value to the national economy or the mining area of another person without authorization, or exploits a specific mineral species that the state stipulates for protective mining without authorization, refuses to stop mining after being ordered to stop mining. Where the value of the damage caused to mineral resources is 50,000 to 100,000 yuan or more, a case shall be filed for prosecution. In any of the following circumstances, it belongs to "unauthorized mining without obtaining a mining license" as stipulated in this article:

1) Mining of mineral resources without a mining license; (2) Continuing to exploit mineral resources after the mining license has been cancelled or revoked. Legal basis: Article 68 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (1) [Illegal Mining Cases (Article 343, Paragraph 1 of the Criminal Law)] Violating the provisions of the Mineral Resources Law by mining without obtaining a mining license, or entering a mining area planned by the state, mining areas of great value to the national economy, or mining within the scope of other people's mining areas, or mining specific minerals that the state stipulates for protective mining without authorization, Refusal to stop mining after being ordered to stop mining, causing damage to mineral resources with a value of 50,000 to 100,000 yuan or more, shall be prosecuted.

In any of the following circumstances, it belongs to the provisions of this article "mining without obtaining a mining license":(1) mining mineral resources without a mining license; (2) Continuing to exploit mineral resources after the mining license has been cancelled or revoked.

Illegal sand mining can be criminalized. Article 343 of the Criminal Law stipulates that a person who violates the provisions of the Mineral Resources Law by mining without obtaining a mining license, enters a mining area planned by the State, a mining area of great value to the national economy and the mining area of another person without authorization, or exploits a specific mineral that is subject to protective mining as prescribed by the State, refuses to stop mining after being ordered to stop mining.

Hello, I'm glad to answer for you, illegal sand mining is an illegal mining crime. According to the provisions of the relevant laws of our country, if the river sand is illegally mined, and the circumstances are serious, criminal responsibility can be investigated according to the crime of illegal mining, and the sentence can be imposed according to the circumstances of the crime.

Hello, Article 343 of the Criminal Law of the People's Republic of China [Crime of Illegal Mining] Violating the provisions of the Mineral Resources Law by mining without obtaining a mining license, entering a mining area planned by the state, mining areas of great value to the national economy and mining areas of others without authorization, or mining specific minerals that the state provides for protective mining without authorization, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

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